Search Results

1. [2010] NZEmpC 72 Horton v Fonterra Cooperative Group Ltd [pdf, 81 KB]

   ...in Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union5. This too was a case where an employee was dismissed for unauthorised possession of company property, removing a can that contained thinners from Honda’s premises. The Court of Appeal upheld the Labour Court’s formulation of the standard of proof as follows: (i) A charge of the greatest gravity had been levelled against the worker and the burden of justifying the dismissal was, of course, on the respondent employe...

2. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...but reduced it for some mitigating factors relating to the counselling he had received to $45,000. In making that assessment I had regard to recent cases dealing with post-traumatic stress disorder or similar injuries. In Gilbert the Court of Appeal did not interfere with an award of $75,000 for general compensatory damages for distress. In Brickell v Attorney-General [2000] 2 ERNZ 529 the High Court awarded $75,000 and in Benge v Attorney-General [2000] 2 ERNZ 234 some four month...

3. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...to permit such development, it must ask itself whether or not the reservation status should remain in respect of the whole of the land. 20 Te Waipounamu MB 174 [85] Ruka – Taheke 23A and 23B [2010] Māori Appellate Court MB 629 (2010 APPEAL 629) dealt with registration of those blocks under the Māori freehold land registration project. At [54] the Court stated: the marae buildings are located at the western end of the envelope the eastern end could provide for grounds...

4. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 42 READT 070/14 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (per CAC 301) Prosecutor AND GARY MURPHY & PROPERTY LINK GROUPS LTD Defendants MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms C Sandelin - Member HEARD at AUCKLAND on 12, 13, and 23 March 2015 DATE OF THIS DECISIO

5. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

   ...tikanga for a whangai who is not of the bloodline or of the whakapapa to the land to succeed to those land interests outright. I understand that such tikanga applies generally throughout the Taitokerau and reflects the tikanga discussed in the Re An Appeal by Waimania Hohua decision concerning Tuhoe where the expert witness, Professor Milroy, offered the view that it is “unlikely that the Tuhoe tikanga would be considerably different from other tribal areas prior to the Māori La...

6. ENVC Hearing 6Oct14 WML evidence chief Jon Styles [pdf, 425 KB]

   ...application for Resource Consent was lodged. Since that time, the noise-related provisions of the Operative Auckland City District Plan – Hauraki Gulf Islands Section, (ODP) have become fully operative following the resolution of all related appeals. Notwithstanding, very little of the proposal is above Mean High Water Springs (MWHS) and therefore subject to the ODP provisions. Most of the noise-generating aspects of the proposal are located below MWHS and are therefore subj...

7. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   ...conditions of employment in those circumstances. Other cases affirming that broad interpretation of the phrase in New Zealand employment law include Tranz Rail Ltd v Rail & Maritime Transport Union Inc, 8 a judgment of a full bench of the Court of Appeal, New Zealand Amalgamated Engineering, Printing & Manufacturing Union Inc v The Christchurch Press, 9 and of the High Court (then Supreme Court) in Elston v State Services Commission (No 3). 10 Finally, in support of th...

8. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...way those policies are being implemented, but in order to see whether a policy is working at ground level in the best interest of the beneficiaries the Court can hardly avoid some consideration of particular operational matters. the Court of Appeal commented on this Court’s extensive powers to review a trust: [22] There is indeed a danger that by concentrating too much on detail the Court could distract itself from the real issues facing a trust, which may require its direction,...

9. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 32 READT 016/11 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10027) Prosecutor AND JOSEPH BRANKIN (LICENSED AGENT) Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HEARD at CHRISTCHURCH on 18 and 19 October 2012 (with subsequent typewritten submis

10. Beauchamp 30 March 2014 NZSHD 4 [pdf, 103 KB]

    [2014] NZSHD 4 SHD Number 725212 IN THE MATTER of the Secondhand Dealers and Pawnbrokers Act 2004 AND IN THE MATTER of a Police Complaint against JOHN HENRY BEAUCHAMP of Christchurch pursuant to s.29 of the Act BEFORE THE LICENSING AUTHORITY OF SECONDHAND DEALERS AND PAWNBROKERS DECISION Introduction [1] This is a Complaint by the Police against Mr. John Henry Beauchamp of Christchurch in respect of Individual Licence number 725212 issued to